260.281. Plastic, plastic bottles or rigid plastic container defined--containers, must have coded label, content, form--exempt products, rules established by department--violations, penalty.
Plastic, plastic bottles or rigid plastic containerdefined--containers, must have coded label, content, form--exemptproducts, rules established by department--violations, penalty.
260.281. 1. As used in this section, the following termsmean:
(1) "Label", a molded imprint or raised symbol on or nearthe bottom of a plastic product;
(2) "Person", an individual, sole proprietor, partnership,association, corporation or other legal entity;
(3) "Plastic", any material made of polymeric organiccompounds and additives that can be shaped by flow;
(4) "Plastic bottle", a plastic container that has a neckthat is smaller than the body of the container, accepts ascrewtype, snap cap or other closure and has a capacity ofsixteen fluid ounces or more, but less than five gallons;
(5) "Rigid plastic container", any formed or moldedcontainer, other than a bottle, intended for single use, composedpredominantly of plastic resin, and having a relativelyinflexible finite shape or form with a capacity of eight ouncesor more but less than five gallons.
2. Beginning January 1, 1992, no retail or wholesalebusiness shall distribute, sell or offer for sale in this stateany plastic bottle or rigid plastic container or any product insuch a bottle or container unless the product bottle or containeris labeled with a code indicating the plastic resin used toproduce the bottle or container. Rigid plastic bottles or rigidplastic containers with labels and basecups of a differentmaterial shall be coded by their basic material. The code shallconsist of a number placed within a triangle of arrows andletters placed below the triangle of arrows. The triangle shallbe equilateral, formed by three arrows with the apex of eachpoint of the triangle at the midpoint of each arrow, rounded witha short radius. The arrowhead of each arrow shall be at themidpoint of each side of the triangle with a short gap separatingthe pointer from the base of the adjacent arrow. The triangle,formed by the three arrows curved at their midpoints shall depicta clockwise path around the code number. The numbers and lettersused shall be as follows:
(1) "1" - PETE (polyethylene terephthalate);
(2) "2" - HDPE (high density polyethylene);
(3) "3" - V (vinyl);
(4) "4" - LDPE (low density polyethylene);
(5) "5" - PP (polypropylene);
(6) "6" - PS (polystyrene);
(7) "7" - OTHER (includes multi-layer).
3. The department of natural resources shall determinethrough rules and regulations which plastic containers may beexempt from the labeling requirements including, but not limitedto:
(1) Readily identifiable plastic containers;
(2) Plastic containers for which there is no technologicalcapability for recycling, reclamation or reuse;
(3) Plastic containers for which recycling, reclamation orreuse is not economically feasible; and
(4) Plastic containers of a capacity less than a specifiedminimum size as determined by the department of agriculture.
4. The department may by rule modify the codes establishedin this section and may create additional codes to reflecttechnological changes in the production, marketing and recyclingof plastic containers.
5. Any person who violates subsection 2 of this sectionshall be guilty of a class A misdemeanor. Each day of violationconstitutes a separate offense.
(L. 1989 H.B. 438, et al. § 4, A.L. 1990 S.B. 530)Effective 1-1-92